Flash Grub™ Inc. (“Flash Grub,” “we,” “us,” or “our”) is a Delaware corporation. These Terms of Use (“Terms”) govern your access to and use of our mobile application, website, and related marketplace infrastructure (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
1. Who May Use the Service
The Service is a marketplace platform available to verified business partners and authorized users.
Eligible users include:
- Business Users: Legally registered corporate entities or authorized representatives of a commercial business offering surplus food or related products in compliance with all local health, safety, and operational regulations.
- Buyer Users: Individuals participating in the platform marketplace. Buyer Users must be at least 18 years of age to use the Service.
We reserve the right to approve, suspend, restrict, or terminate access for any user account at our sole discretion to preserve platform integrity.
2. Use of the Service
You may use the Service only for lawful purposes and in strict accordance with these Terms.
You agree not to:
- Misrepresent your identity, business status, EIN validation data, or professional affiliation.
- Violate any applicable federal, state, local, or international law or regulation.
- Reverse-engineer, decompile, scrape, data-mine, or attempt to unauthorizedly access backend service architecture.
- Upload false, fraudulent, defamatory, malicious, misleading, or harmful software data.
We reserve the right to immediately suspend or terminate application access if you violate these Terms or misuse the platform infrastructure.
3. Service Operations and Payment Disclaimers
- Service Evolution: We may modify, update, or improve features and functionality from time to time.
- Data Usage: By using the Service, you consent to the collection, secure storage, and processing of your data as outlined in our unified Privacy Policy.
- Platform Analytics: We utilize secure cloud infrastructure (including AWS and Firebase analytics) to monitor application performance, maintain platform stability, and improve service reliability.
- Biometric Authentication: Flash Grub supports Face ID for account login and payment verification. Face ID authentication is managed entirely by Apple’s iOS framework. Flash Grub does not access, process, or store any biometric facial data. By enabling Face ID, you agree to Apple’s biometric authentication terms. Flash Grub bears no liability for biometric data processed by Apple’s native iOS systems.
- Stripe Integration: Payment processing services are handled strictly via Stripe. Flash Grub does not store full credit card information, primary account numbers (PAN), or CVV security codes on its local databases. All transactions are processed using Stripe’s secure, live financial infrastructure, and users agree to be bound by Stripe’s Terms of Service, Privacy Policy, and Consumer Security Guidelines.
- Marketplace Framework: Flash Grub acts solely as a technology platform connecting users and businesses. Flash Grub does not operate as a payment processor, money transmitter, bank, or merchant of record for transactions between users and businesses.
3A. Wallet & Stored Value
3A.1 Wallet Cash.
Wallet Cash represents funds loaded directly by you via credit card, debit card, Apple Pay, or other authorized electronic payment methods. Wallet Cash is a stored-value balance and is subject to the regulatory protection rules outlined in Sections 3A.3 and 3A.4.
The Flash Grub wallet is a closed-loop, marketplace-specific interface usable solely for purchasing products within our ecosystem. It does not constitute a generic commercial gift certificate under New York General Business Law § 396-i.
You may load Wallet Cash in the preset amounts displayed natively within the application interface. If your balance is insufficient during an active order flow, you may activate the Quick Reload feature to instantly append set increments ($20, $30, $40, or $50) via your linked Stripe instrument. Wallet Cash has no expiration parameters while your profile remains active and verified. Wallet Cash is non-refundable and may not be redeemed, withdrawn, or exchanged for cash, except where required by applicable law.
All orders placed using Wallet Cash include a 15-minute cancellation window from the time of placement. During this period, your Wallet Cash balance is debited immediately to reflect your real-time balance. If you cancel within the 15-minute window, the full amount is instantly returned to your Wallet Cash balance. After 15 minutes, the transaction is completed and all sales are final. Notwithstanding the foregoing, verified duplicate charges and verified order non-fulfillment by the business will be remedied by Flash Grub.
3A.2 Account Deletion and Balance Deactivation.
You can permanently initiate account deletion at any time directly inside the application via the Settings menu. Upon requesting deletion, your profile interface will be deactivated immediately to comply with App Store rules.
Any remaining Wallet Cash balance will be systematically decoupled from your active profile, moved into an offline administrative ledger state, and preserved for a 5-year record-keeping period in accordance with Section 7 of our Privacy Policy. This is separate from the 3-year dormancy and escheatment timeline in Section 3A.3.
3A.3 Dormancy and Unclaimed Property.
If your account falls into verified dormancy while maintaining a positive Wallet Cash balance, Flash Grub will comply with New York Abandoned Property Law § 1315. After the statutory three-year dormancy threshold, remaining balances will be remitted to the New York State Comptroller’s Office as unclaimed funds. We will make reasonable attempts to notify you at the email address on file prior to executing state escheatment.
3A.4 No Forfeiture of Wallet Cash.
Flash Grub does not arbitrarily confiscate legitimate Wallet Cash balances. If an account is suspended or terminated for platform abuse, remaining Wallet Cash will be handled in accordance with applicable NY abandoned property law, including potential escheatment to the New York State Comptroller’s Office.
3A.5 Direct Payment Transactions.
For Free Plan users only who choose to pay directly via credit card, debit card, or Apple Pay without loading funds to the Flash Grub Wallet, all orders include a 15-minute cancellation window from the time of placement. During this period, your payment method is placed on hold and no charge is applied. Cancellations within this window are processed at no cost. After 15 minutes, your payment method is charged and all sales are final. Notwithstanding the foregoing, verified duplicate charges and verified order non-fulfillment by the business will be remedied by Flash Grub.
Refund requests are not automatically granted and are subject to a mandatory review process. To initiate a refund request, users must submit a written request to legal@flashgrub.com within 48 hours of purchase including the transaction date, order details, and reason for the request. Flash Grub reserves the right to approve or deny any refund request at its sole discretion. Submitting a refund request does not guarantee a refund will be issued. Approved refunds are issued exclusively as Wallet Cash and are not returned to the original payment method. All direct transactions are processed by Stripe and subject to Stripe’s Terms of Service.
4. Third-Party Role / Liability
Flash Grub operates as a marketplace technology platform. We are third-party facilitators and explicitly declare that:
- We do not prepare, cook, package, store, handle, transport, or deliver food products. We exercise zero oversight regarding the physical quality, storage temperature, biological safety, allergen curation, contamination state, or statutory compliance of foods distributed by listed Business Users.
- All consumer sales occur directly between Buyer Users and Business Users. Flash Grub disclaims all express or implied liability for claims, foodborne illnesses, physical injuries, deceptive labeling, allergic incidents, or marketplace commercial disputes arising from those transactional products.
5. Intellectual Property
All design patterns, proprietary interfaces, source code, brand markers, graphics, and trade styling connected to the Service are owned by Flash Grub Inc. or its affiliates or active software licensors, and are protected by applicable intellectual property laws. No unauthorized duplication, layout copying, scraping, or functional exploitation is permitted without explicit written validation from our legal counsel.
6. Apple Mandatory Legal Boilerplate
As a user of our iOS application downloaded via the Apple App Store, you explicitly acknowledge and agree to the following terms required by Apple Inc.:
- Acknowledgment of Parties: These Terms are a binding contract solely between you and Flash Grub Inc. Apple Inc. is not a party to this agreement and bears zero responsibility or liability for the application, its codebase content, or its marketplace behavior.
- Maintenance and Support: Flash Grub Inc. is solely responsible for providing maintenance and application updates. You acknowledge that Apple Inc. has no obligation whatsoever to furnish maintenance or technical support services regarding this app.
- Biometric and Apple Pay: Payments made via Apple Pay and biometric verification via Face ID are processed through Apple’s native iOS framework. Flash Grub does not access, process, or store any biometric or facial data in connection with authentication or payment processing. All biometric verification occurs entirely on-device under Apple’s control.
- Warranty Disclaimers: In the event of any failure of the app to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the application.
- Product Claims: Flash Grub Inc., and not Apple, is responsible for addressing any user or third-party claims relating to the app or its possession/use, including product liability claims, regulatory non-compliance, and consumer protection litigation.
- Intellectual Property Rights: In the event of a third-party claim that the app or your possession and use infringes an intellectual property right, Flash Grub Inc., and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
- Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the legal right to enforce this Section against you as a third-party beneficiary.
7. User-Generated Content
To the extent the Service allows you to post restaurant ratings, surplus item descriptions, images, or feedback (“Content”), you grant Flash Grub a worldwide, royalty-free, perpetual license to host and display such items. You agree not to upload any Content that is fraudulent, deceptive, defamatory, or in violation of third-party intellectual property or health regulations. We reserve the right to remove any Content at our discretion.
8. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation. You agree to contact us at legal@flashgrub.com before initiating any formal proceeding. If the dispute cannot be resolved informally within thirty (30) days, both parties agree to resolve the dispute through binding arbitration administered under the rules of the American Arbitration Association, conducted in New York, NY. You waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.
9. Governing Law
These Terms and all related platform operations are governed and construed under the internal statutory laws of New York State, without regard to conflict of law principles.
10. Contact Us
For operational updates, transactional support, or compliance challenges, route your documentation to:
Flash Grub™ Inc.
legal@flashgrub.com
New York, NY 10018, USA
